B-154948, SEP. 1, 1964

B-154948, SEP. 1, 1964

TO MR. JACK A. BERNARD:

REFERENCE IS MADE TO THE LETTER DATED AUGUST 5, 1964, WRITTEN ON YOUR BEHALF BY MR. JAMES F. JANZ OF THE LAW FIRM OF FOLEY, SAMMOND AND LARDNER, REQUESTING RECONSIDERATION OF THE SETTLEMENT BY OUR OFFICE JULY 22, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM ROCKLAND, MAINE, TO MILWAUKEE, WISCONSIN, INCIDENT TO YOUR RETIREMENT FOR PHYSICAL DISABILITY FROM THE UNITED STATES COAST GUARD ON DECEMBER 18, 1963. WE ARE ALSO IN RECEIPT OF A LETTER FROM THE HONORABLE HENRY S. REUSS, HOUSE OF REPRESENTATIVES, EXPRESSING HIS INTEREST IN THE MATTER.

THE RECORD BEFORE US INDICATES THAT ON DECEMBER 18, 1963, YOU RECEIVED A PHYSICAL DISABILITY RETIREMENT FROM THE UNITED STATES COAST GUARD, AT WHICH TIME YOU WERE IN GRADE E-4, WITH LESS THAN 4 YEARS' SERVICE. MEMORANDUM DATED DECEMBER 11, 1963, FROM LIEUTENANT (JG) ANTHONY F. NAZOR, WHO WAS DESIGNATED BY THE COAST GUARD TO ASSIST YOU WITH THE PRESENTATION OF YOUR CASE BEFORE THE PHYSICAL EVALUATION BOARD, ADVISED YOU THAT YOU COULD MOVE AT GOVERNMENT EXPENSE TO A HOME OF YOUR CHOICE WITHIN 1 YEAR FROM DATE OF RETIREMENT AND IN YOUR CLAIM YOU STATED THAT ON THE BASIS OF THIS ADVICE, YOU SHIPPED YOUR HOUSEHOLD EFFECTS AT YOUR OWN EXPENSE FROM ROCKLAND, MAINE, TO MILWAUKEE, WISCONSIN. HOWEVER, LETTERS FROM REAR ADMIRAL G. K. KNUDSEN AND REAR ADMIRAL J. A. ALGER, JR., UNITED STATES COAST GUARD, DATED MAY 11 AND JUNE 4, 1964, RESPECTIVELY, STATED THAT PRIOR TO THE SHIPMENT, YOU WERE ADVISED BY THE SHIPPING OFFICER AT THE TRANSPORTATION OFFICE, FIRST COAST GUARD DISTRICT, BOSTON, MASSACHUSETTS, THAT YOU WERE NOT ENTITLED TO HAVE YOUR HOUSEHOLD EFFECTS SHIPPED AT GOVERNMENT EXPENSE AND THAT THE ADVICE FURNISHED BY LIEUTENANT NAZOR WAS BOTH INCORRECT AND WITHOUT OFFICIAL SANCTION.

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED JULY 22, 1964, FOR THE REASON THAT ALTHOUGH PURSUANT TO PARAGRAPH 8260 OF THE JOINT TRAVEL REGULATIONS A MEMBER WHO IS RETIRED FOR PHYSICAL DISABILITY OR IS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST IS ENTITLED TO SHIP HIS HOUSEHOLD EFFECTS TO THE HOME SELECTED BY HIM, PARAGRAPH 8003 OF THE REGULATIONS AUTHORIZES PERMANENT CHANGE OF STATION WEIGHT ALLOWANCES STARTING WITH ENLISTED MEMBERS IN GRADE E-4 WITH OVER 4 YEARS' SERVICE AND THEREFORE ENLISTED MEMBERS IN GRADE E-4 WITH LESS THAN 4 YEARS' SERVICE ARE NOT ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE INCIDENT TO RETIREMENT.

IN HIS LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM, DATED AUGUST 5, 1964, MR. JANZ SAYS THAT PARAGRAPH 8003 OF THE JOINT TRAVEL REGULATIONS PROVIDES WEIGHT ALLOWANCES FOR TEMPORARY OR PERMANENT CHANGES OF STATION BUT HE CONTENDS THAT IT IS IN NO WAY RELATED TO PARAGRAPH 8260, WHICH AUTHORIZES REIMBURSEMENT FOR TRAVELING EXPENSES INCURRED BY A MEMBER WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST, SINCE THAT PARAGRAPH PROVIDES THAT SUCH MEMBER IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS WITHOUT REGARD TO LENGTH OF SERVICE.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES, 37 U.S.C. 406, SPECIFICALLY PROVIDES THAT IN CONNECTION WITH A TEMPORARY OR PERMANENT CHANGE OF STATION, A MEMBER IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, WITHIN SUCH WEIGHT ALLOWANCES PRESCRIBED BY THE SECRETARIES CONCERNED. SUCH TRANSPORTATION IS SUBJECT TO SUCH CONDITIONS AND LIMITATIONS, FOR SUCH GRADES, RANKS, AND RATINGS, AND TO AND FROM SUCH PLACES AS THE SECRETARIES PRESCRIBE. PARAGRAPH 8000-6 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THOSE PROVISIONS, DEFINES A PERMANENT CHANGE OF STATION AS INCLUDING THE CHANGE FROM THE LAST PERMANENT DUTY STATION TO HOME UPON TEMPORARY DISABILITY RETIREMENT. PARAGRAPH 8002 PROVIDES THAT HOUSEHOLD GOODS OF MEMBERS, NOT IN EXCESS OF THE WEIGHT LIMIT IN POUNDS AS PRESCRIBED THEREIN, MAY BE TRANSPORTED AT GOVERNMENT EXPENSE IN ACCORDANCE WITH THE PROVISION OF THESE REGULATIONS. PARAGRAPH 8003, CONTAINING A TABLE OF PRESCRIBED WEIGHT ALLOWANCES FOR TEMPORARY AND PERMANENT CHANGES OF STATION, SHOWS THAT EXCEPT FOR A SMALL ALLOWANCE FOR AVIATION CADETS AND THE 200 POUND PERSONAL BAGGAGE ALLOWANCE AUTHORIZED BY PARAGRAPH 8008, THE LOWEST ENLISTED GRADE FOR WHICH A WEIGHT ALLOWANCE IS PRESCRIBED FOR SHIPMENT AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION IS E-4 WITH OVER 4 YEARS' SERVICE. PARAGRAPH 8260-1, ITEM 1, OF THE REGULATIONS PROVIDES IN PERTINENT PART THAT A MEMBER ON ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS FROM HIS LAST PERMANENT DUTY STATION TO THE HOME SELECTED BY THE MEMBER, WHEN HE IS RETIRED FOR PHYSICAL DISABILITY OR IS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST (WITHOUT REGARD TO LENGTH OF SERVICE). PARAGRAPH 8260-1, ITEM 2, PROVIDES THAT IMMEDIATELY FOLLOWING AT LEAST 8 YEARS OF CONTINUOUS ACTIVE DUTY A MEMBER WHO IS RETIRED WITH PAY FOR ANY OTHER REASON, OR IS DISCHARGED WITH SEVERANCE PAY OR IS INVOLUNTARILY RELEASED TO INACTIVE DUTY WITH READJUSTMENT PAY, IS ENTITLED TO SHIP HIS HOUSEHOLD GOODS TO HIS SELECTED HOME.

THE PHRASE "WITHOUT REGARD TO LENGTH OF SERVICE" IN PARAGRAPH 8260 1, ITEM 1, WHICH IS REFERRED TO BY MR. JANZ AS AUTHORITY FOR YOUR SHIPMENT OF HOUSEHOLD EFFECTS, PERTAINS TO THE AUTHORITY GRANTED TO MEMBERS OTHERWISE ENTITLED TO SHIP THEIR HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, TO SHIP SUCH EFFECTS TO THEIR SELECTED HOME, RATHER THAN TO THE HOME OF RECORD OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, WHICH THEY WOULD BE ENTITLED TO DO IF THEY WERE RETIRED FOR REASONS OTHER THAN PHYSICAL DISABILITY, OR WERE DISCHARGED WITH SEVERANCE PAY OR WERE INVOLUNTARILY RELEASED TO INACTIVE DUTY WITH READJUSTMENT PAY BEFORE COMPLETING AT LEAST 8 YEARS OF CONTINUOUS ACTIVE DUTY. SUCH PROVISION, HOWEVER, DOES NOT CONSTITUTE ANY AUTHORITY FOR ENLISTED MEMBERS IN GRADES E-1, E-2, E-3 AND E-4 WITH LESS THAN 4 YEARS' SERVICE FOR WHICH NO WEIGHT ALLOWANCES HAVE BEEN PRESCRIBED BY THE SECRETARIES CONCERNED UNDER THE AUTHORITY CONTAINED IN 37 U.S.C. 406, TO SHIP THEIR HOUSEHOLD GOODS AT GOVERNMENT EXPENSE ON A PERMANENT CHANGE OF STATION, INCLUDING THE CHANGE FROM LAST PERMANENT DUTY STATION TO HOME UPON TEMPORARY DISABILITY RETIREMENT. ACCORDINGLY, REIMBURSEMENT OF THE EXPENSES INCURRED IN THE SHIPMENT OF YOUR EFFECTS UPON PHYSICAL DISABILITY RETIREMENT IS NOT AUTHORIZED AND THE SETTLEMENT DATED JULY 22, 1964, IS SUSTAINED.